Bank of Leesville v. Wingate

Citations

• 123 La. 386
• 48 So. 1005
• 1909 La. LEXIS 715

Syllabus

<p>1. Mortgages (§ 380*) — Foreclosure.</p> <p>In foreclosure, the proceedings being ex parte, by order of court,'to sell property burdened with mortgage or privilege, the creditor must bring his claim within the terms of the law.</p> <p>[Ed. Note. — For other cases, see Mortgages, Cent. Dig. § 1145; Dec. Dig. § 380.*)</p> <p>2. Ex Parte Affidavits.</p> <p>The president of an incorporated company appeared before the notary and two witnesses and declared that he was authorized to represent the company' and sign the act of mortgage.</p> <p>3. Declaration of President.</p> <p>The declaration of the president, without evidence of his authority to act in matter of giving mortgage, is not the complete authentic proof required.</p> <p>4: Mortgages (§ 461*) — Foreclosure—Evidence— Sufficiency.</p> <p>The contention was: The resolution of the board of directors, authorizing the granting of a mortgage, was lost. The loss in matter for foreclosure cannot be supplied by ex parte affidavit.</p> <p>[Ed. Note. — For other cases, see Mortgages, Cent. Dig. § 1354; Dec. Dig. § 461.*)</p> <p>5. Order of Sale Void.</p> <p>The order of seizure and sale not being sustained by authentic evidence, it is decreed null.</p> <p>(Syllabus by the Court.)</p>